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Title: [BC] Resigned secure $64k engineering role for signed contract (Role B), placed in previously rejected Role A on Day 1. Constructive dismissal / inducement?
Location: British Columbia, Canada
Previous Salary: ~$64,000/year (secure full-time engineering role)
Tenure at New Role: 2 days
Background & Context:
Initial Interview & Rejection: I applied and interviewed for a specific position (Role A) at a large client company via a third-party staffing agency. I was formally rejected for Role A.
The New Offer: Two weeks later, the agency reached out with a direct written offer for a completely different position (Role B) with a distinct scope and responsibilities.
Reliance on the Contract: I signed the contract for Role B and resigned from my stable $64k engineering position strictly for the duties and scope of Role B. Had the offer been for Role A, I would not have accepted it or left my previous employer.
Day 1 Bait-and-Switch: On my very first day on site, the employer immediately assigned me to Role A—the exact position I was previously rejected for and had refused to quit my job for.
Agency Response & Resignation: I raised the issue immediately. The agency called it a "miscommunication" and stated there was nothing they could do to enforce Role B's terms. I resigned after 2 days to avoid implicitly accepting the changed job duties.
Questions for BC Employment Lawyers:
Constructive Dismissal: Do I have a viable constructive dismissal claim given that I resigned after 2 days due to a fundamental, unilateral shift in duties on Day 1?
Inducement & Damages: Because I surrendered secure employment at $64k/year specifically for the Role B contract (and would not have left for Role A), does common law inducement apply to enhance reasonable notice compensation?
BC ESA Section 8 (Misrepresentation): Does offering a contract for Role B but placing me in Role A qualify as misrepresentation of the "type of work" under Section 8 of the BC Employment Standards Act?
Forum & Realities: What is a realistic estimate of financial recovery (notice payout or lost wages) for a 2-day tenure under these circumstances? Is an Employment Standards Branch (ESB) complaint for out-of-pocket/lost wages better than Small Claims Court?
Is a Lawyer Worth It?: Given legal fees and the strict duty to mitigate, is civil litigation worth pursuing with a private lawyer, or should I focus on free/low-cost regulatory routes?
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